Loghan Njenga Waweru v Damaris Muga Kamure & another [2006] KEHC 2190 (KLR)
- Court
- High Court of Kenya
- Case number
- 2190
- Citation
- [2006] KEHC 2190 (KLR)
- Decided
- 28 April 2006
The Court declared that the Plaintiff is the rightful owner of the land parcel Molo South/Langwenda Block 12/423 and ordered the cancellation of the title deed issued to the Defendant and the issuance of a new title deed to the Plaintiff.
Facts
The Plaintiff, Longhan Njenga Waweru, claimed that he was the rightful owner of land parcel Molo South/Langwenda Block 12/423, which was previously owned by Damaris Muga Kamure. The Plaintiff alleged that he had been a member of Ndeffo Co. Limited since 1975 and had been in uninterrupted possession of the land since then.
Issues
- Declaration that the Plaintiff is the rightful owner of the land
- Cancellation of the title deed issued to the Defendant and issuance of a new title deed to the Plaintiff
Reasoning
The Court found that the Plaintiff had been a member of Ndeffo Co. Limited since 1975 and had been in uninterrupted possession of the land since then. The Court also found that the title deed issued to the Defendant was irregular and ordered its cancellation.
Outcome
Plaintiff's claim for declaration and cancellation of title deed was granted.
Orders
- Declaration that the Plaintiff is the rightful owner of the land parcel Molo South/Langwenda Block 12/423
- Cancellation of the title deed issued to the Defendant and issuance of a new title deed to the Plaintiff
- Plaintiff to be awarded the costs of the suit
Remedies
- Declaration of ownership
- Cancellation of irregular title deed
- Award of costs
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